Review of Court Practices on Application of Articles 133 of the Consumer Debt Clearance Statute

This article reviews the common interpretations of Articles 133 of the Consumer Debt Clearance Statute by the courts. The article argues that the disposable income under Article 133 should be calculated based on the actual salary received after garnishment by creditors; and that "income" s...

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Bibliographic Details
Published in:Financial and Economic Law Review 2024-01, p.86-105
Main Author: Tsai, Wei-Che
Format: Article
Language:Chinese
Subjects:
Civil law
Court decisions
Court hearings & proceedings
Creditors
Debt
Debtors
Disposable income
Garnishment
Wages & salaries
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Summary:This article reviews the common interpretations of Articles 133 of the Consumer Debt Clearance Statute by the courts. The article argues that the disposable income under Article 133 should be calculated based on the actual salary received after garnishment by creditors; and that "income" should only refer to situations where one's own assets are increased, thus proceeds from the sale of assets, which do not increase one's own assets, should not be considered disposable income; likewise, loan disbursements do not increase one's own assets and therefore should not be considered disposable income.
ISSN:1815-008X
DOI:10.53106/1815008XS016